Kemin vs. Omniactive Patent Infringement Case to Move to Trial

The denial of the motion for summary judgment means that a factual dispute exists as to whether OmniActive's purified free lutein products infringe or do not infringe the '714 patent and that the Court could not decide the issue as a matter of law.

29 Sep 2009 --- On September 27, 2009, the United States District Court for the Middle District Court of Florida denied OmniActive Health Technologies' motion for summary judgment of non-infringement of Kemin's U.S. Patent 5,382,714 ("'714 patent"). The court held in its order that a jury, not the judge, must decide the important issue of patent infringement.

The denial of the motion for summary judgment means that a factual dispute exists as to whether OmniActive's purified free lutein products infringe or do not infringe the '714 patent and that the Court could not decide the issue as a matter of law. Rather, the issue will have to be resolved by a jury at trial. OmniActive remains confident that when this case goes to trial, the jury will find the scientific evidence and the legal arguments overwhelmingly in favor of OmniActive's free lutein products and confirm they do not infringe Kemin's patent.

OmniActive has counterclaims in the case alleging that the '714 patent is invalid, that Kemin engaged in inequitable conduct before the United States Patent and Trademark Office in procuring the original '714 patent and its reissue applications, that Kemin has engaged in deceptive and unfair trade practices in competing with Omniactive, and that it has falsely marked its products with the '714 patent.